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SC dismisses plea to ban lawmakers from practising as lawyers
The Bar Council of India rules does not prohibit legislators from practising as lawyers, the Supreme Court said.
Lawmakers can continue practising as lawyers in courts after the Supreme Court on Tuesday dismissed a plea arguing for a ban.
The Bar Council of India’s rules don’t prohibit lawmakers from practising as lawyers, said the court after hearing a petition filed by Ashwini Upadhyay, a BJP leader and lawyer. Upadhyay’s peition had sought a ban on MPs, MLAs, MLCs from practising as lawyers in courts during their tenure in legislature.
The central government had earlier told the court Upadhyay’s peition had no merit because an MP or an MLA is an elected representative and not a full-time government employee. Senior advocate Shekhar Naphade, who argued for Upadhyay, then told the court that a lawmaker gets a salary from the public exchequer and a salaried employee is debarred by the Bar Council of India from practising in the courts of law.
A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud then said that employment postulates a master-servant relationship, but the government of India is not the master of a Member of Parliament, reported news agency PTI.
Upadhyay’s petition said a public servant cannot work as an advocate, but letting lawmakers to do so violated Constitution’s Article 14 that grants equality before law. It also said that MPs have the power of voting on the impeachment of judges of the Supreme Court and the high courts, but also may work as lawyers.
